From our private database of 47,400+ case briefs, written and edited by humans—never with AI.

In re Diabetes America, Inc.

United States Bankruptcy Court for the Southern District of Texas
2012 WL 6694074 (2012)

Written by Ryan Hill, JD

Facts

Diabetes America, Inc. (Diabetes) (debtor) was incorporated in Delaware but located in Texas. Diabetes filed for reorganization under chapter 11 of the bankruptcy code. Prior to the bankruptcy petition, Frank Basile (creditor) had lent Diabetes $150,000 and held a security interest in Diabetes’s assets. Basile filed a financing statement to perfect the security interest in Texas. However, Basile did not file a financing statement in Delaware. When Diabetes filed for bankruptcy, Basile filed a secured proof of claim with the bankruptcy court. The bankruptcy trustee moved for summary judgment as to Basile’s claim, arguing that Delaware commercial law applied to the perfection of security interests in Diabetes’s assets, and that Basile’s security interest was unperfected in Delaware.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, please start your free trial or log in.

Holding and Reasoning (Isgur, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 949,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.
Unlock this case brief Read our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.
Learn about our approach Read more about Quimbee

Here's why 949,000 law students have relied on our case briefs:

Written by law professors and practitioners, not other law students. 47,400 briefs, keyed to 1,004 casebooks. Top-notch customer support.
The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
AI-generated podcast version of every brief — listen on the go, between classes, or whenever reading isn’t an option. New

Understand your casebook readings in seconds

Use our case briefs to comprehend your casebook readings faster, supplement your notes and outlines, and outshine your peers in class.

Get instant access to over 47,400+ expert-written case briefs in a searchable database keyed to 1,004 law school casebooks.

Start your free 7-day trial